Explosives Act

Version of section 14 from 2002-12-31 to 2008-05-31:

Marginal note:Inspection
  •  (1) For the purpose of ensuring compliance with this Act and the regulations, an inspector may, subject to subsection (5), at any reasonable time, enter and inspect any factory, magazine, vehicle or other place in which the inspector believes on reasonable grounds any explosive is being manufactured, stored or transported or any fireworks are being or are intended to be used, and the inspector may

    • (a) open or cause to be opened any thing found in that place that the inspector believes, on reasonable grounds, contains an explosive or a substance that may be used in the manufacture of an explosive;

    • (b) inspect any thing found in that place that the inspector believes, on reasonable grounds, is an explosive or any thing that may be used in the manufacturing, packing or marking of an explosive;

    • (c) take samples of any thing found in that place that the inspector believes, on reasonable grounds, is an explosive or a substance that may be used in the manufacture of an explosive;

    • (d) require any person to produce for inspection or copying, in whole or in part, any document that the inspector believes, on reasonable grounds, contains any information relevant to the administration of this Act or the regulations; and

    • (e) make copies of or take extracts from any document that the inspector believes, on reasonable grounds, contains any information relevant to the administration of this Act or the regulations.

  • Marginal note:Vehicle

    (2) For the purpose of carrying out an inspection under subsection (1), an inspector may stop a vehicle or direct that it be moved to a place where the inspection may be carried out.

  • Marginal note:Operation of data processing and copying equipment

    (3) In carrying out an inspection at any place under this section, an inspector may

    • (a) use or cause to be used any data processing system at the place to examine any data contained in or available to the system;

    • (b) reproduce or cause to be reproduced any record from the data in the form of a print-out or other intelligible output and take the print-out or other output for examination or copying; and

    • (c) use or cause to be used any copying equipment at the place to make copies of any record or other document.

  • Marginal note:Certificate to be produced

    (4) An inspector, other than a peace officer, shall be furnished with a certificate of appointment and on entering any place described in subsection (1) shall, if so required, produce the certificate to the person in charge thereof.

  • Marginal note:Warrant required to enter dwelling-house

    (5) An inspector may not enter a dwelling-house except with the consent of the occupant of the dwelling-house or under the authority of a warrant issued pursuant to subsection (6).

  • Marginal note:Authority to issue warrant

    (6) Where on ex parte application a justice is satisfied by information on oath that

    • (a) the conditions for entry described in subsection (1) exist in relation to a dwelling-house,

    • (b) entry to the dwelling-house is necessary for any purpose relating to the administration of this Act or the regulations, and

    • (c) entry to the dwelling-house has been refused or there are reasonable grounds to believe that entry will be refused,

    the justice may issue a warrant authorizing the inspector named in the warrant to enter the dwelling-house, subject to any conditions that may be specified in the warrant.

  • Marginal note:Use of force

    (7) An inspector who executes a warrant shall not use force unless the inspector is accompanied by a peace officer and the use of force is specifically authorized in the warrant.

  • R.S., 1985, c. E-17, s. 14;
  • 1993, c. 32, s. 8.
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